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GALACTYCO complains to the Ombudsman for an alleged violation of rights by the Ministry of Education (26/11/2019)

The GALACTYCO Collective Association, of Gais, lesbians, bisexuals and trans of Cartagena and Comarca, has sent complaint to the Ombudsman in which they demand an urgent action to end what they understand a violation of rights by the Ministry of Regional Government Education.

They explain in their letter to Mr. Francisco Fernández Marugán, Ombudsman, that "Ms. María de la Esperanza Moreno Reventós, Minister of Education, sent the instructions to begin the course at the end of August, for which she obliges the centers to have express permits from families and / or tutors for students to participate in the complementary activities programmed to develop curricular contents, with which they intend to arbitrarily and illegally veto educational talks and training workshops on affective diversity -sexual, gender and family. "

"These instructions violate, knowingly and without the slightest search for consensus with educational institutions, AMPAS, other social agents and the whole society as a whole, numerous legal norms and put at risk fundamental constitutional rights," mentioning the entire regulatory body that protects them to request their withdrawal.

From the aforementioned association, they affirm that "in our Region, asking permission from those who tutor minors to be able to carry out complementary activities in the educational centers incurs an illegality by going against Decrees 220/2015, of September 2 and 198/2014, of September 5, which establishes the curriculum of Secondary and Primary Education in the Autonomous Community of Murcia.Therefore, workshops on education in sexual diversity, scheduled as any other complementary activity, only need the information to the families, but not of their authorization to be imparted in the educational centers, and are mandatory.

Similarly, the Ministry also violates Law 8/2016, of May 27, on social equality of lesbians, gays, bisexuals, transsexuals, transgender and intersex and public policies against discrimination based on sexual orientation and gender identity in the Autonomous Community of the Region of Murcia, which expressly regulates the obligation of affective, sexual and gender education, as well as the protection of minors due to family violence by LGTBIfobia.

(Articles 22, 24, 25 and 26).

And they explain in the same way that the violation of:

the Convention on the Rights of the Child, 20 / XI / 1989

the Spanish Constitution,

Law 26/2015, of July 28, on the modification of the protection system for children and adolescents,

the LOMCE Organic Law 8/2013, of December 9, for the improvement of educational quality

Law 2/2002, of May 3, on Education Organic Law 8/1985, of July 3, Regulatory of the Right to Education

Law 27/2005, of November 30, on Education and Culture of Peace,

and even the Statute of Autonomy of the Region of Murcia, which states that "The public authorities of the Region of Murcia will recognize, in accordance with the law, the right of persons to their gender identity and guarantee non-discrimination for this reason or sexual orientation.

Alberto Alba, president of the GALACTYCO Collective, affirms "that our country and our Region have extensive legislation protecting the right to educate and receive education in respect to sexual orientation, gender and family identity, and that the instructions sent from the Ministry of Education endangers all the intent of the regulations that our Rule of Law recognizes and collects ".

He adds, "that the regional government has not given any response to the letter sent by the different LGTBI associations dated September 6, in which we demanded explanation and rectification, both to the Ministry of Education and Equality, directed by Ms. Isabel Franco, and that is why we deliver our complaint to the Ombudsman. "

Mar Tornero, Vice President of GALACTYCO, affirms "that it is necessary to put an end to this violation of rights that, in addition to being intimidating for the educational centers and the teaching staff that work in them, causes an evident state of defenselessness in the LGTBI schoolchildren , as in the rest of the students, who have the right to know the reality of Affective, Sexual, Gender and Family Diversity, because only through education is it possible to eradicate the historical prejudices that have mistreated a social minority that goes advancing in Equality slowly, against the resistance of a party that intends to curb it, even acting in a manner contrary to our legislation.As a society we cannot allow the questioning of the need and obligatory nature of education rich in values ​​of respect, tolerance and equality. "

Likewise, in its complaint sent to the Ombudsman, the GALACTYCO Association, recalls "the importance that talks on emotional-sexual education or LGTBI issues have for students, since training and education in empathy, solidarity and Respect for diversity is essential to address the problem of LGTBIphobia suffered by LGTBI students from an early age in schools and that has been tested by a vast scientific literature. Requesting the consent of families puts the protection of that minors are also entitled to cases of rejection within the family because of sexual orientation, gender expression or gender identity, a problem that remains the order of the day.

The Public and Concerted Education of the Autonomous Community of Murcia can not only offer all its students training in affective / sexual, gender and family diversity, regardless of the conformity of their families, but also has the obligation to do so, as well as to protect children from possible family violence by LGTBIfobia.

Equal education is not a privilege of those students whose families agree that their children are trained in Equality and Human Rights, but a mandatory responsibility of the public authorities to all students.

It is the case that the Region of Murcia is the only one in Spain that has made a request of the Vox ultra-right party establishing the so-called "parental pin" for the completion of the complementary activities that the educational centers include in their schedules, as part of the negotiations and agreements made for the investiture of President López Miras.

Both Madrid and Andalusia have not fulfilled this requirement of ultraconservatives, having recognized that it is legally unfeasible.

In the rest of the Autonomous Communities, the tendency is to put into practice all current regulations regarding education in relation to training in Equality and Diversity, which "would cause a delay and a disadvantage in relation to the rest of the Spanish territory, adding to the already precarious education in Equality that is offered in our educational centers ", affirms Alberto Alba.

Its Vice President, Mar Tornero, expresses her "hope that an institution that is at the service of citizens, such as the Ombudsman's Office, will take the necessary measures to reverse this unfortunate episode that slows educational progress in the Region of Murcia."

Source: GALACTYCO

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